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Private Mortgage Note Template for Indonesia

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Key Requirements PROMPT example:

Private Mortgage Note

"I need a Private Mortgage Note for a residential property in Jakarta, with a loan amount of IDR 2,500,000,000, 10% annual interest rate, 15-year term starting March 1, 2025, with monthly payments and an early repayment option after 5 years."

Document background
The Private Mortgage Note is a crucial document in Indonesian private lending transactions, typically used when individuals or private institutions provide loans secured by real property. This document combines elements of a promissory note with security arrangements under Indonesian law, particularly adhering to Law No. 4 of 1996 on Mortgage Rights (Hak Tanggungan) and the Indonesian Civil Code. It's essential for private lending transactions where traditional bank financing may not be suitable or preferred. The document must be executed before an Indonesian notary and registered with relevant property authorities to create enforceable security interests. It includes comprehensive details about the loan terms, property description, payment obligations, default provisions, and enforcement mechanisms, all structured to comply with Indonesian regulatory requirements and market practices.
Suggested Sections

1. Parties: Identification of the Lender and Borrower with complete legal names and addresses

2. Background: Context of the loan agreement and brief description of the mortgaged property

3. Definitions: Key terms used throughout the document including 'Property', 'Mortgage', 'Interest Rate', 'Payment Date', etc.

4. Loan Amount and Terms: Principal amount, interest rate, term of loan, and payment schedule

5. Security Interest: Description of the property serving as security and creation of mortgage rights (Hak Tanggungan)

6. Payment Terms: Detailed payment obligations including method, timing, and place of payment

7. Representations and Warranties: Borrower's declarations regarding property ownership, authority to enter agreement, and absence of encumbrances

8. Covenants: Ongoing obligations of the Borrower including property maintenance, insurance, and taxes

9. Events of Default: Circumstances constituting default and consequences thereof

10. Remedies: Lender's rights and remedies upon default, including foreclosure procedures

11. Governing Law: Specification of Indonesian law as governing law and jurisdiction provisions

Optional Sections

1. Prepayment Provisions: Terms for early loan repayment, including any penalties or fees - include if early repayment is permitted

2. Insurance Requirements: Detailed insurance obligations - include if specific insurance requirements exist

3. Assignment and Transfer: Terms for transferring the note or property - include if transfers are to be permitted

4. Co-Borrower Provisions: Additional terms for multiple borrowers - include if there are co-borrowers

5. Guarantor Provisions: Terms applicable to guarantors - include if there are third-party guarantors

6. Property Use Restrictions: Limitations on property use or modifications - include for properties with specific use requirements

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the mortgaged property including certificate numbers

2. Payment Schedule: Amortization table showing payment dates, amounts, and principal/interest breakdown

3. Insurance Requirements Schedule: Detailed listing of required insurance coverage and terms

4. Property Title Documents: Copies of relevant property ownership certificates and registration documents

5. Property Valuation Report: Independent valuation report of the mortgaged property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Banking & Finance

Legal Services

Insurance

Property Development

Mortgage Services

Private Lending

Property Investment

Residential Housing

Relevant Teams

Legal

Real Estate

Finance

Credit

Risk Management

Compliance

Property Management

Investment

Operations

Documentation

Relevant Roles

Legal Counsel

Mortgage Officer

Property Lawyer

Real Estate Manager

Financial Advisor

Loan Officer

Credit Analyst

Property Appraiser

Notary Public

Risk Manager

Compliance Officer

Real Estate Agent

Investment Manager

Private Banker

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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